Income Tax Settlement Commission judiciary-2

Settlement Commission cannot re-open its concluded proceedings by invoking section 154 to levy interest

CIT Vs M.A. Jacob & Company (Madras High Court)

CIT Vs M.A. Jacob & Company (Madras High Court) The order passed on the Settlement Applications filed by the assessee is dated 07.01.2000. The second order of ITSC was passed on 19.02.2004. After those orders passed by ITSC on the issue in question, concerning the assessee, in the year 2010, the Honourable Supreme Court had […]...

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Assessment proceedings not conclude till assessment order served upon Assessee

M3M India Holdings Pvt. Ltd Vs ITSC (P&H High Court)

M3M India Holdings Pvt. Ltd Vs ITSC (P&H High Court) For purposes of making an application for settlement, a case i.e. an assessment would be pending till such time as the assessment order is served upon the assessee. The assessee is entitled to proceed on the basis that till the service of the assessment order, […]...

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AO cannot do reassessment after assessment by Settlement Commission

Komalkant Faikirchand Sharma Vs DCIT (Gujarat High Court)

Since there was an order of the Settlement Commission under section 245D(4) in relation to the assessment year in respect of which assessment was sought to be reopened, AO had no jurisdiction to reopen the assessment as once an order had been passed under section 245D by Settlement Commission, assessment for year stood concluded. ...

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ITSC chairman cannot direct to pass a particular order in pending judicial proceedings

Raghuleela Builders Pvt Ltd Vs. Income Tax Settlement Commission (ITSC) (Bombay High Court) While disposing of these Petitions with the above clarifications, we may note that these Petitions have been filed challenging a somewhat curious and unforeseen development. We do not know in what circumstances the Chairman flew down to Mumbai and ...

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HC upheld Invalidation of Income Tax Settlement Application for failure to make full and true disclosure of undisclosed income

Moin A Qureshi Vs CIT (Delhi High Court)

During the course of search, various documents, cash and jewellery were seized. Statements of the petitioner, his family members, employees and directors of associate companies were recorded under Section 132(4) of the Act. The petitioner had surrendered Rs.20 crores before Investigation Wing of the Income Tax Department on 21stApril, 201...

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Settlement commission order holding that assessee had misrepresented facts without an enquiry into the matter is invalid

Dr. Prathap Chandra Reddy Vs Income Tax Settlement Commission Additional Bench (Madras High Court)

Dr. Prathap Chandra Reddy  Vs Income Tax Settlement Commission (Madras High Court) Settlement Commission did not conduct an enquiry to satisfy itself that the stand taken by the PCIT by way of a supplementary report could be a valid ground to come to a conclusion that the assessee had made a false claim on the refund due. The [&hellip...

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Suo Motu Rectification of order passed u/s 245D(4) on debatable issue by Settlement Commission not valid

The Commissioner of Income Tax Vs. Income Tax Settlement Commission & Another (Bombay High Court)

This Petition under Article 226 of the Constitution of India, challenges an order dated 2nd December, 2016 passed by the Settlement Commission (Commission) under Section 245 D(6B) of the Income Tax Act, 1961 (the Act)....

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Settlement Application cannot be admitted without considering objections raised by CIT

Commissioner of Income Tax Vs M/s Sai Prasad Properties Limited (Bombay High Court at Goa)

It was held by Hon’ble High Court of Bombay and Goa in the case of CIT V/s M/s Sai Prasad Properties Limited that an application under section 245D(2C) of the Act has to be disposed of after considering the objections raised by CIT...

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Interest demand u/s 220(2) till admission of application by Settlement Commission is valid

CIT Vs Smt. Leonie M. Almeida (Bombay High Court)

Position that interest can be charged pursuant to proceedings in normal course up to the date of decision u/s 245D(1) of the Income Tax Act to proceed with the application appears to be prevailing. ...

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Income Tax Settlement Commission cannot admit application made u/s 245C in absence of satisfaction being recorded from the report of Commissioner

CIT Vs Income Tax Settlement Commission (ITSC) (Bombay High Court)

The error in the order of the Commission in the present case lies in permitting the application to proceed without that satisfaction being recorded by the Commission, which is a fundamental aspect which goes to the root of its jurisdiction to entertain an application under Section 245C....

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